Wealden Times | WT225 | Jan & Feb 2021| Education supplement inside

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ADVERTISEMENT FEATURE Making your Will The dangers of DIY Wills, the dangers of the unregulated sector and the desperate dangers of on-line Will construction packages Making a Will can be essential to ensure that on your death certain assets are distributed according to your wishes. If you do not create a Will then you risk assets passing by intestacy rules to people you may not wish to benefit. Despite this, two out of three adults do not have a Will in place. Of those who do have Wills these often need updating or are invalid. Why? One reason is cost. Wills drafted by a solicitor - who has taken detailed instructions and has a good understanding of the client’s wishes, needs and aspirations as well expertise in statute and common law - have a price tag. This can be off-putting, even though people do not think twice about expenditure for protecting assets in other contexts, for example house insurance. A cheaper option is the self-regulated Will-drafters marketplace. Some are efficient, expert and carry appropriate amounts of insurance against the risks of mistakes but there is no guarantee that you will pick this type of Will-drafter. What are the dangers of DIY Wills? Well - if you get it wrong, there is no one to sue. Your chosen beneficiaries could suffer a loss or - worse still - inherit nothing. Another danger is the charge that the testator does not have sufficient mental capacity. A Will made in such circumstances is likely to be challenged after death. If that challenge succeeds, assets are distributed according to intestacy rules or a previous Will. With an ageing population and disharmonious families, contested Wills are on the rise. Using a solicitor helps safeguard against this. Your Will may also be challenged if it can be suggested that it was procured through duress or undue influence. This situation does come in front of solicitors – usually in the guise of third-party instructions from a potential beneficiary. Solicitors must ensure that a testator’s Will instructions are not a result of coercion being exerted against them. There are no such checks with a DIY Will. Increasingly, people turn to online solutions. Online Will drafting suffers from the dislocation between the information gathering process on the one hand and the Will drafting on the other. Buss Murton Law’s view is that the Please get in touchwith our Private Client teamwho will be happy to help. solicitor taking the instructions should get to know their client and provide advice not restricted solely to the Will but to related matters such as Lasting Powers of Attorney, Inheritance Tax and financing long-term care. Some online Wills involve no human contact at all - information is inputted and a Will generated. Algorithms are increasingly sophisticated but can a program provide tailored advice or produce a bespoke Will? Choice is important but some choices carry increased levels of risk that your Will won’t function as you might have wanted, may result in an unnecessary Inheritance Tax liability, or be invalid. Sadly, some of our work involves assisting clients who have fallen foul of a poor Will-drafting service or assisting bereaved relatives negotiate an unexpected intestacy situation. With the complexity of modern assets, changing tax regimes and the increasing variety of family structures. Will you make the right choice? If you are having trouble with an online will service or are in need of professional legal advice regarding a Will, please contact us now on 01892 510222, or at info@bussmurton.co.uk. Edward Walter Graham Edwards Kristy Underwood Amanda Jardine-Viner www.bussmurton.co.uk Call: 01892 510 222 TUNBRIDGE WELLS | CRANBROOK | EAST GRINSTEAD Claire Shireby Buss Murton Law LLP is a Limited Liability Partnership No. OC345994 and is authorised and regulated by the Solicitors Regulation Authority.
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Wealden Times | WT225 | Jan & Feb 2021| Education supplement inside

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